AFTERMATH OF BUS CRASH

National City-based operator has had citations

Investigators examine the scene of the bus crash on Highway 38 east of Mentone on Monday. Seven people were killed in the accident Sunday night as the tour bus returned from Big Bear. STAN LIM • THE PRESS-ENTERPRISE

Investigators examine the scene of the bus crash on Highway 38 east of Mentone on Monday. Seven people were killed in the accident Sunday night as the tour bus returned from Big Bear. STAN LIM • THE PRESS-ENTERPRISE

The National City-based company that operates the tour bus involved in Sunday night’s crash near Big Bear that killed seven people had an inspection record worse than 74 percent of its peers but under federal rules was still ranked as satisfactory.

In the crash, the bus lost control while descending a highway on its way back to Tijuana after a daylong mountain outing. The bus driver reported brake problems as the bus was coming down Highway 38 east of Mentone. The bus rear-ended a Saturn sedan and then flipped over, hitting a Ford pickup that was pulling a trailer.

Despite problems, U.S. Department of Transportation records show that Scapadas Magicas LLC carried the highest federal safety rating of satisfactory at the time of the crash.

The company has three drivers and operates five tour buses, including the 1996 vehicle that crashed. Officials did not return telephone messages or respond to a visit to their Highland Avenue headquarters.

The company has had a recent history of citations for dozens of violations, from issues with brakes and tires to problems with exhaust. None of the problems were labeled critical or acute by regulators.

Monthly records show that the company’s vehicle maintenance record during its most recent inspection was worse than 74 percent of other similar carriers nationwide.

The Federal Motor Carrier Safety Administration, the arm of the Transportation Department that regulates safety for hundreds of thousands of tour buses and trailer units nationwide, begins intervention efforts when a company is outperformed by 65 percent of similar carriers.

The company was cited for 59 violations under 30 different federal regulations over the past two years, most frequently for improper exhaust, lack of warning devices on the buses, and damage or color on the windshields.

As recently as October, one of the company’s buses was forced out of service by deficiencies revealed during inspections. During that inspection on Oct. 16 at the San Diego Zoo, inspectors ordered the bus grounded for improper battery installation.

Inspectors grounded another bus on Aug. 29 during an inspection because one of the drivers was driving with a suspended license.

Over the past two years, the company’s buses were inspected 25 times, during which nine buses were taken out of service for mechanical reasons, and another time due to the suspended license, according to federal records. The 36 percent out-of-service percentage is nearly twice as high as the national average of 20 percent.

Monthly inspection reports showed that Scapadas Magicas had been improving since May 2012, when nearly 85 percent of carriers had better maintenance records than the company.

Still, the company has not succeeded in getting below the 65-percent threshold since late 2011.

Scapadas Magicas also had to twice pay $2,000 in settlements for allowing one of its drivers to work before receiving results of federally mandated drug tests.

The company was able to maintain its satisfactory rating because roadside inspections are only one of three factors that are used to determine the rating. The others include a compliance review, which is essentially an audit to ensure the company is meeting all federal safety regulations, and crash history.